Vyas v. Taglich Brothers, Inc. et al
Filing
228
STIPULATION AND PROTECTIVE ORDER...regarding procedures to be followed that shall govern the handling of confidential material... (Signed by Magistrate Judge Katharine H. Parker on 5/10/2024) (sgz)
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
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SANKET VYAS,
Plaintiff,
-against-
5/10/2024
23-CV-8104 (AT) (KHP)
STIPULATION AND PROTECTIVE ORDER
TAGLICH BROTHERS, INC. and TAGLICH
PRIVATE EQUITY, LLC
Defendants.
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KATHARINE H. PARKER, United States Magistrate Judge:
WHEREAS, the Parties having agreed to the following terms of confidentiality, and the
Court having found that good cause exists for the issuance of an appropriately tailored
confidentiality order pursuant to Rule 26(c) of the Federal Rules of Civil Procedure, it is hereby
ORDERED that the following restrictions and procedures shall apply to the information and
documents exchanged by the parties in connection with the pre-trial phase of this action:
1.
Counsel for any party may designate any document or information, in whole or in
part, as confidential if counsel determines, in good faith, that such designation is
necessary to protect the interests of the client in information that is proprietary,
a trade secret or otherwise sensitive non-public information. Information and
documents designated by a party as confidential will be stamped
"CONFIDENTIAL."
2.
Any Confidential Information produced by third-parties pursuant to a Federal
Rule of Civil Procedure 45 subpoena may be designated “confidential” under this
Protective Order and protected consistent with this Protective Order.
3.
The Confidential Information disclosed will be held and used by the person
receiving such information solely for use in connection with the action.
4.
In the event a party challenges another party's designation of confidentiality,
counsel shall make a good faith effort to resolve the dispute, and in the absence
of a resolution, the challenging party may seek resolution by the Court. Nothing
in this Protective Order constitutes an admission by any party that Confidential
Information disclosed in this case is relevant or admissible. Each party reserves
the right to object to the use or admissibility of the Confidential Information.
5.
The parties should meet and confer if any production requires a designation of
"For Attorneys' or Experts' Eyes Only." All other documents designated as
"CONFIDENTIAL" shall not be disclosed to any person, except:
a. The requesting party and counsel, including in-house counsel;
b. Employees of such counsel assigned to and necessary to assist in the
litigation;
c. Consultants or experts assisting in the prosecution or defense of the
matter, to the extent deemed necessary by counsel; and
d. The Court (including the mediator, or other person having access to
any Confidential Information by virtue of his or her position with the
Court).
6.
Prior to disclosing or displaying the Confidential Information to any person,
counsel must:
a. Inform the person of the confidential nature of the information or
documents;
b. Inform the person that this Court has enjoined the use of the
information or documents by him/her for any purpose other than this
litigation and has enjoined the disclosure of the information or
documents to any other person; and
c. Require each such person to sign an agreement to be bound by this
Order in the form attached hereto.
7.
The disclosure of a document or information without designating it as
"confidential" shall not constitute a waiver of the right to designate such
document or information as Confidential Information. If so designated, the
document or information shall thenceforth be treated as Confidential Information
subject to all the terms of this Stipulation and Order.
8.
Any Personally Identifying Information (“PII”) (e.g., social security numbers,
financial account numbers, passwords, and information that may be used for
identity theft) exchanged in discovery shall be maintained by the receiving party
in a manner that is secure and confidential and shared only with authorized
individuals in a secure manner. The producing party may specify the minimal
level of protection expected in the storage and transfer of its information. In the
event the party who received PII experiences a data breach, it shall immediately
notify the producing party of same and cooperate with the producing party to
address and remedy the breach. Nothing herein shall preclude the producing
party from asserting legal claims or constitute a waiver of legal rights and
defenses in the event of litigation arising out of the receiving party’s failure to
appropriately protect PII from unauthorized disclosure.
9.
Pursuant to Federal Rule of Evidence 502, the production of privileged or workproduct protected documents or communications, electronically stored
information (“ESI”) or information, whether inadvertent or otherwise, shall not
constitute a waiver of the privilege or protection from discovery in this case or in
any other federal or state proceeding. This Order shall be interpreted to provide
the maximum protection allowed by Federal Rule of Evidence 502(d). Nothing
contained herein is intended to or shall serve to limit a party’s right to conduct a
review of documents, ESI or information (including metadata) for relevance,
responsiveness and/or segregation of privileged and/or protected information
before production.
10.
Notwithstanding the designation of information as “confidential” in discovery,
there is no presumption that such information shall be filed with the Court under
seal. The parties shall follow the Court’s procedures with respect to filing under
seal. Additionally, to the extent a party who received discovery marked
“confidential” wishes to file that discovery with the Court, it shall provide notice
to the producing party and, if applicable, any interested third party before the
filing and file the document provisionally under seal with a request that it be
placed under seal with the reasons for same set forth in a letter motion
accompanying the request. The producing party and, if applicable, any
interested third party shall have 14 days after the filing to submit their own
letter setting forth why the document should be placed under seal according to
applicable law or, alternatively, that the document need not be placed under
seal. The Court will follow applicable law to determine whether the document
meets the legal standard for being placed under seal.
11.
At the conclusion of litigation, Confidential Information and any copies thereof
shall be promptly (and in no event later than 30 days after entry of final judgment
no longer subject to further appeal) returned to the producing party or certified
as destroyed, except that the parties' counsel shall be permitted to retain their
working files on the condition that those files will remain protected.
12.
Nothing herein shall preclude the parties from disclosing material designated to
be Confidential Information if otherwise required by law or pursuant to a valid
subpoena.
SO ORDERED.
Dated:
New York, New York
May 10, 2024
KATHARINE H. PARKER, U.S.M.J.
Agreement
I have been informed by counsel that certain documents or information to be
disclosed to me in connection with the matter entitled have been designated as
confidential. I have been informed that any such documents or information labeled
"CONFIDENTIAL" are confidential by Order of the Court.
I hereby agree that I will not disclose any information contained in such documents to
any other person. I further agree not to use any such information for any purpose other
than this litigation.
DATED:
Signed in the presence of:
(Attorney)
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